ITALY. Law No. 194 of
1. The
State guarantees the right to responsible and planned parenthood, recognizes
the social value of motherhood, and shall protect human life from its
inception.
The voluntary termination of pregnancy as
covered by this Law shall not be a means of birth control.
The State, the regions, and local
authorities, acting within their respective powers and areas of competence,
shall promote and develop medicosocial services and shall take other measures
necessary to prevent abortion from being used for purposes of birth control.
2. The
family counselling centres [consultori familiari] established by Law No. 405 of
29 July 1975 shall assist any pregnant woman, subject to the provisions of that
Law:
a) by informing her of her rights under State
and regional legislation and of the social, health, and welfare services
actually available from agencies in her areas;
b) by informing her of appropriate ways to
take advantage of the provisions of labour legislation designed to protect the
pregnant woman;
c) by taking special action, or suggesting
such action to the competent local authority or social welfare agencies in the
area, wherever pregnancy or motherhood create problems which cannot be
satisfactorily dealt with by normal action under item (a);
d) by helping to overcome the factors which
might lead the woman to have her pregnancy terminated.
For the purposes of this Law, the counselling
centres may make use of voluntary assistance, on the basis of pertinent
regulations or agreements, from appropriate basic social welfare organizations
and voluntary associations, which may also assist mothers in difficulties after
the child is born.
The necessary means for achieving freely
chosen objectives with regard to responsible parenthood may also be supplied to
minors by health agencies and counselling centres, against a medical
prescription.
3.
[Financial provisions]
4. In
order to undergo termination of pregnancy during the first 90 days, women whose
situation is such that continuation of the pregnancy, childbirth, or motherhood
would seriously endanger their physical or mental health, in view of their
state of health, their economic, social, or family circumstances, the
circumstances in which conception occurred, or the probability that the child
would be born with abnormalities or malformations, shall apply to a public
counselling centre established under item (a) of Section 2 of Law No.
405 of 29 Jul 1975 or to a fully authorized medicosocial agency [struttura
socio-sanitaria] in the region, or to a physician of her choice.
5. In
all cases, in addition to guaranteeing the necessary medical examinations,
counselling centres and medicosocial agencies shall be required, especially
when the request for termination of pregnancy is motivated by the impact of
economic, social, or family circumstances upon the pregnant women's health, to
examine possible solutions to the problems in consultation with the woman and,
where the woman consents, with the father of the conceptus, with due respect
for the dignity and personal feelings of the woman and the person named as the
father of the conceptus, to help her to overcome the factors which would lead
her to have her pregnancy terminated, to enable her to take advantage of her
rights as a working woman and a mother, and to encourage any suitable measures
designed to support the woman, by providing her with all necessary assistance
both during her pregnancy and after the delivery.
Where the woman applies to a physician of her
choice, he shall: carry out the necessary medical examinations, with due respect
for the woman's dignity and freedom; assess, in consultation with the woman
and, where the woman consents, with the father of the conceptus, with due
respect for the dignity and personal feelings of the woman and of the person
named as the father of the conceptus, if so desired taking account of the
result of the examinations referred to above, the circumstances leading her to
request that her pregnancy be terminated; and infomrm her of her rights and of
the social welfare facilities available to her, as well as regarding the
counselling centres and the medicosocial agencies.
Where the physician at the counselling centre
or the medicosocial agency, or the physician of the woman's choice, finds that
in view of the circumstances termination is urgently required, he shall
immediately issue the woman a certificate attesting to the urgency of the case.
Once she has been issued this certificate, the woman may report to one of the
establishments authorized to perform pregnancy terminations.
If termination is not found to be urgently
required, the physician at the counselling centre or the medicosocial agency,
or the physician of the woman's choice, shall at the end of the consultation,
if the woman requests that her pregnancy be terminated on account of circumstances
referred to in Section 4, issue her a copy of a document signed by himself and
the woman attesting that the woman is pregnant and that the request has been
made, and shall request her to reflect for seven days. After seven days have
elapsed, the woman may take the document issued to her under the terms of this
paragraph and report to one of the authorized establishments in order for her
pregnancy to be terminated.
6.
Voluntary termination of pregnancy may be performed after the first 90 days:
a) where the pregnancy or childbirth entails
a serious threat to the woman's life;
b) where the pathological processes
constituting a serious threat to the woman's physical or mental health, such as
those associated with serious abnormalities or malformations of the fetus, have
been diagnosed.
7. The
pathological processes referred to in the preceding Section shall be diagnosed
and certified by a physician on the staff of the department of obstetrics and
gynaecology of the hospital establishment in which the termination is to be
performed. The physician may call upon the assistance of specialists. The
physician shall be required to forward the documentation on the case as well as
his certificate to the medical director of the hospital in order for the
termination to be performed immediately.
Where the termination of pregnancy is
necessary in view of an imminent threat to the woman's life, it may be
performed without observing the procedures referred to in the preceding
paragraph and in a place other than those referred to in Section 8. In such
cases, the physician shall be required to notify the provincial medical
officer.
Where it is possible that the fetus may be
viable [sussiste la possibilità di vita autonoma del feto], pregnancy may be
terminated only in the case referred to in item (a) of Section 6, and
the physician performing the termination shall take any appropriate action to
save the life of the fetus.
8. Pregnancy
terminations shall be performed by a physician on the staff of the department
of obstetrics and gynaecology of a general hospital as referred to in Section
20 of Law No. 132 of
Pregnancy terminations may likewise be
carried out in specialized public hospitals, the institutes and establishments
referred to in the penultimate paragraph of Section 1 of Law No. 132 of 12
February 1968, and the institutions referred to in Law No. 817 of 26 November
1973 and Decree No. 754 of 18 June 1958 of the President of the Republic,
wherever the competent administrative agencies so request.
During the first 90 days, pregnancy
terminations may also be performed in nursing homes that are authorized by the
regions and have the requisite medical equipment and adequate obstetric and
gynaecological services.
The Minister of Health shall issue a decree
restricting the capacity of authorized nursing homes to carry out terminations
of pregnancy, by establishing:
1. the percentage of pregnancy terminations
that may be performed relative to the total number of surgical operations
performed during the preceding year at the particular nursing home;
2. the percentage of patient-days allowed for
pregnancy-termination cases in relation to the total number of patient-days in
the preceding year under conventions with the regions.
The percentages referred to in items 1 and 2
shall be not less than 20% and shall be the same for all nursing homes.
Nursing homes may select the criterion which
they will observe from the two set out above.
During the first 90 days, pregnancy
terminations may likewise be performed, following the establishment of local
medicosocial units, at adequately equipped public outpatient clinics
[poliaambulatori pubblici], operating under the hospitals and licensed by the
regions.
The certificate issued under the third
paragraph of Section 5 and, after seven days have elapsed, the document
delivered to the woman under the fourth paragraph of the same Section shall
entitle her to obtain, on an emergency basis, the termination and, where
necessary, hospitalization.
9. Health
personnel and allied health personnel shall not be required to assist in the
procedures referred to in Sections 5 and 7 or in pregnancy terminations if they
have a conscientious objection, declared in advance. Such declaration must be
forwarded to the provincial medical officer and, in the case of personnel on
the staff of the hospital or the nursing home, to the medical director, not
later than one month following the entry into force of this Law, or the date of
qualification, or the date of commencement of employment at an establishment
required to provide services for the termination of pregnancy, or the date of
the drawing up of a convention with insurance agencies entailing the provision
of such services.
The objection may be withdrawn at any time,
or may be submitted after the periods prescribed in the preceding paragraph, in
which case the declaration shall take effect one month after it has been
submitted to the provincial medical officer.
Conscientious objection shall exempt health
personnel and allied health personnel from carrying out procedures and
activities specifically and necessarily designed to bring about the termination
of pregnancy, and shall not exempt them from providing care prior to and
following the termination.
In all cases, hospital establishments and
authorized nursing homes shall be required to ensure that the procedures
referred to in Section 7 are carried out and pregnancy terminations requested
in accordance with the procedures referred to in Sections 5, 7, and 8 are
performed. The regions shall supervise and ensure implementation of this
requirement, if necessary by the movement [mobilità] of personnel.
Conscientious objection may not be invoked by
health personnel or allied health personnel if, under the particular
circumstances, their personal intervention is essential in order to save the
life of a woman in imminent danger.
Conscientious objection shall be deemed to
have been withdrawn with immediate effect if the objector assists in procedures
or pregnancy terminations provided for under this Law, in cases other than
those referred to in the preceding paragraph.
10.
[Administrative provisions]
11. The hospital establishment, the nursing home, or the outpatient clinic
in which the termination has been performed shall be required to submit to the
competent provincial medical officer a declaration by the physician performing
the termination stating that the termination has taken place and indicating the
documentation on the basis of which it was performed, without disclosing the
woman's identity.
Items (b) and (f) of Section
103 of the Public Health Code, approved by Crown Decree No. 1265 of 27 July
1934, shall be repealed.
12. Requests for pregnancy termination under the procedures prescribed by
this Law shall be made in person by the woman.
Where the woman is under 18 years of age, the
consent of the person exercising parental authority over the woman or her
guardian shall be required for the termination of pregnancy. However, during
the first 90 days, if there are serious grounds rendering it impossible or
inadvisable to consult the persons exercising parental authority or the
guardian, or if those persons are consulted but refuse their consent or express
conflicting opinions, the counselling centre or medicosocial agency, or the
physician of the woman's choice, shall carry out the duties and procedures set
out in Section 5 and submit to the magistrate responsible for matters of
guardianship [giudice tutelare] in the locality in which it (he) operates, not
later than seven days following the request, a report giving its (his) views on
the matter. Within five days, after interviewing the woman and taking account
of her wishes, the grounds which she puts forward, and the report submitted to
him, the magistrate may issue a decision, which shall not be subject to appeal,
authorizing the woman to have her pregnancy terminated.
Where the physician finds that termination is
urgently required in view of a serious threat to the health of a woman under 18
years of age, he shall make out a certificate indicating the conditions
justifying the termination of pregnancy, without requesting the consent of the
persons exercising parental authority or the guardian and without applying to
the magistrate. The certificate shall entitle the woman to obtain, on an
emergency basis, the termination and, where necessary, hospitalization.
In the case of a pregnancy termination after
the first 90 days, the procedures referred to in Section 7 shall likewise be
applicable to women under 18 years of age, without regard to the consent of the
persons exercising parental authority or the guardian.
13. Where the woman is under civil disability on account of a mental
illness, the request referred to in Sections 4 and 6 may be submitted, if not
by the woman in person, by her curator or, if he is not her curator, by her
husband, provided that he is not legally separated.
Where the request is submitted by the woman
under disability or by her husband, the views of the curator must be heard. A
request submitted by the curator or the husband must be confirmed by the woman.
The physician at the counselling centre or
the medicosocial agency, or the physician of the woman's choice, shall submit
to the magistrate responsible for matters of guardianship, not more than seven
days following the submission of the request, a report containing details of
the request and its source, any particular attitude displayed by the woman, the
degree and nature of the mental disorder, and the curator's views if expressed.
Not later than five days following the date
on which the report is received, the magistrate, having interviewed the
interested parties if he considers this advisable, shall issue a decision which
shall not be subject to appeal.
The decision issued by the magistrate shall
have the effects referred to in the last paragraph of Section 8.
14. The physician performing the pregnancy termination shall be required to
supply the woman with information and instructions on birth control and to
acquaint her with the abortion procedures, which must, however, be carried out
with all due respect for the woman's personal dignity.
In the presence of pathological processes,
such as those associated with abnormalities or malformations of the fetus, the
physician carrying out the pregnancy termination shall supply the woman with
the necessary details for the prevention of such processes.
15. Acting in collaboration with the universities and hospital
establishments, the regions shall promote the refresher training of health
personnel and allied health personnel concerning problems of responsible and
planned parenthood, contraceptive methods, the various stages of pregnancy,
childbirth, and the use of the more modern techniques of pregnancy termination
which are physically and mentally less damaging to the woman and are less
hazardous. In addition, the regions shall promote courses and meetings which
may be attended both by health personnel and allied health personnel and by
persons wishing to be informed on matters concerning sex education, the various
stages of pregnancy, childbirth, contraceptive methods, and techniques of
pregnancy termination.
In order to guarantee implementation of the
provisions of Sections 2 and 5, the regions shall draw up an annual programme
of refresher training and information on State and regional legislation, as
well as on the social, health, and welfare services available in the region.
16. Not later than February of each year, starting from the year following
that in which this Law enters into force, the Minister of Health shall present
to Parliament a report on the implementation of the Law and its effects,
including reference to the problem of prevention.
The regions shall be required to supply the necessary
information by January of each year, using questionnaires provided by the
Minister.
A similar report shall be presented by the
Minister of Mercy and Justice with regard to matters within the specific
competence of his Ministry.
17. Any person who criminally causes a woman to terminate her pregnancy
shall be liable to from three months' to two years' imprisonment.
Any person who criminally causes a woman to
give birth prematurely shall be liable to the penalty indicated in the
preceding paragraph, reduced by one-half.
In the cases referred to in the preceding
paragraphs, if the act is committed in contravention of labour protection
standards, the penalty shall be increased.
18. Any person inducing a pregnancy termination without the consent of the
woman shall be liable to from four to eight years' imprisonment. Consent
extracted by violence or threats or under false pretences shall be deemed not
to have been granted.
The same penalty shall be applicable to any
person who brings about a pregnancy termination by actions designed to injure
the woman.
This penalty shall be reduced by one-half if
the injuries result in the hastening of childbirth.
If the woman dies as a result of the acts
referred to in the first and second paragraphs, the penalty shall be from eight
to 16 years' imprisonment; where very grave personal injury is the result, the
penalty shall be from six to 12 years' imprisonment; where grave personal
injury is the result, the latter penalty shall be reduced.
The penalties laid down under the preceding
paragraphs shall be increased if the woman is under 18 years of age.
19. Any person who induces a voluntary termination of pregnancy while
failing to observe the conditions laid down in Sections 5 or 8 shall be liable
to up to three years' imprisonment.
The woman shall be liable to a fine of up to
100,000 lire.
Where voluntary termination of pregnancy
occurs without the medical examination provided for under items (a) and (b)
of Section 6 or in any event without observing the conditions laid down in
Section 7, the person bringing about such termination shall be liable to from
one to four years' imprisonment.
The woman shall be liable to up to six
months' imprisonment.
Where voluntary termination of pregnancy is
performed upon a woman who is under 18 years of age or who is under civil
disability, in cases other than those laid down in Section 12 and 13 or while
failing to observe the conditions laid down in those Sections, the person
bringing about such termination shall be liable to the corresponding penalties
laid down in the preceding paragraphs, increased by up to one-half. The woman
shall not be liable to any penalty.
Where the woman dies as a result of the acts
referred to in the preceding paragraphs, the penalty shall be from three to
seven years' imprisonment; where very grave personal injury is the result, the
penalty shall be from two to five years' imprisonment; where grave personal
injury is the result, the latter penalty shall be reduced.
The penalties laid down under the preceding
paragraph shall be increased if the woman dies or is injured as a result of the
acts referred to in the fifth paragraph.
20. The penalties laid down under Sections 18 and 19 with regard to persons
bringing about a pregnancy termination shall be increased if the offence is
committed by a person who has expressed a conscientious objection under the
terms of Section 9.
21. Except in the cases indicated under Section 326 of the Penal Code, any
person who reveals the identity, or in any way divulges information liable to
reveal the identity, of any person who has had recourse to the procedures or
operations referred to in this Law, such knowledge having come to him through
his professional or official activities, shall be liable to the penalties laid
down under Section 622 of the Penal Code.
22.
Title X of Book II of the Penal Code shall be repealed.
In addition, item 3 of the first paragraph
and item 5 of the second paragraph of Section 583 of the Penal Code shall be
repealed.
Except where an irrevocable sentence has
already been pronounced, no person shall be punishable for the crime of
abortion with the woman's consent prior to the entry into force of this Law, if
the magistrate confirms that the conditions stipulated under Sections 4 and 6 have
been observed.
This Law, bearing the seal of the State,
shall be incorporated in the official collection of laws and decrees of the